1. What Our IP Attorneys Do for Your Business
IP law covers more ground than most clients expect. Beyond filing applications, our attorneys evaluate your assets, close gaps in protection, and take action when a competitor copies what belongs to you.
Core IP Practice Areas
| IP Type | What It Protects | Governing Law |
| Patents | Inventions, novel processes, and designs | 35 U.S.C.; USPTO |
| Trademarks | Brand names, logos, and slogans | Lanham Act; NY GBL §360 |
| Copyrights | Original creative works | 17 U.S.C. |
| Trade Secrets | Confidential business information and processes | DTSA (federal); NY common law |
Patents
- What It ProtectsInventions, novel processes, and designs
- Governing Law35 U.S.C.; USPTO
Trademarks
- What It ProtectsBrand names, logos, and slogans
- Governing LawLanham Act; NY GBL §360
Copyrights
- What It ProtectsOriginal creative works
- Governing Law17 U.S.C.
Trade Secrets
- What It ProtectsConfidential business information and processes
- Governing LawDTSA (federal); NY common law
When You Need IP Legal Counsel
- Launching a product, brand, or technology in the U.S. .arket
- Responding to a cease-and-desist letter or infringement claim
- Licensing or acquiring IP assets as part of a business transaction
- Preparing IP documentation ahead of a financing round or M&A deal
- Managing risk when a key employee with access to proprietary information departs
Industries We Serve
Our IP practice serves clients in technology, pharmaceutical and biotech, fashion and design, media and entertainment, manufacturing, and financial services. New York is a commercial hub in each of these sectors, and industry-specific knowledge shapes how our attorneys approach both registration strategy and enforcement.
2. Types of Intellectual Property Protection
The right mix of IP protection depends on what you are building and how you plan to use it. Federal law governs patents and copyrights nationwide, but trademarks and trade secrets carry additional dimensions under New York law that matter in practice.
Patent Protection & Strategy
A utility patent grants 20 years of exclusive rights from the filing date. Our attorneys handle patent prosecution through USPTO examination, office action responses, appeals, and post-grant proceedings, including inter partes review. We also conduct freedom-to-operate analyses for companies that need to assess infringement exposure before a product launch.
Trademark Registration & Defense
Federal trademark registration with the USPTO can provide nationwide rights in connection with the mark, subject to prior common law users and other legal defenses, and may strengthen the owner’s available remedies in federal court. New York adds a layer under General Business Law §360-l, which prohibits dilution of distinctive or famous marks without requiring proof of direct competition or consumer confusion. Our attorneys handle registration, renewals, oppositions, and cancellation proceedings before the Trademark Trial and Appeal Board.
Copyright Protection
Copyright attaches automatically when an original work is fixed in a tangible medium. Federal registration is generally required before filing a copyright infringement lawsuit, and timely registration may preserve eligibility for statutory damages and attorney’s fees, including statutory damages of up to $150,000 per work for willful infringement where the statutory requirements are met. Our attorneys advise on registration timing, work-for-hire agreements, and DMCA enforcement against online infringers.
Trade Secrets & Confidentiality
New York has not adopted the Uniform Trade Secrets Act. Trade secret claims in New York may proceed under common law and the federal Defend Trade Secrets Act, and they generally require proof of a protectable trade secret, reasonable efforts to maintain secrecy, and misappropriation by the defendant. Federal protection runs in parallel under the Defend Trade Secrets Act of 2016, allowing trade secret owners to bring claims in federal court regardless of state law. Criminal liability also arises under New York Penal Law §165.07 for the unlawful use of secret scientific material. Our attorneys advise on non-disclosure agreements, employee separation protocols, and civil and criminal enforcement strategies.
3. IP Services Beyond Registration
Registration is the starting point. The work that actually protects a business, from monitoring for unauthorized use to structuring licenses and litigating infringement, happens after the certificate arrives.
IP Portfolio Development
Our attorneys map existing IP assets, identify gaps, and align the portfolio with business priorities. For companies preparing for M&A transactions or financing rounds, a documented and defensible IP portfolio directly affects valuation and deal terms.
Infringement Detection & Enforcement
We monitor trademarks, domains, and online marketplaces for unauthorized use. When infringement is confirmed, our attorneys issue cease-and-desist letters, pursue platform takedowns, and escalate to litigation when early resolution fails.
IP Litigation & Disputes
Our attorneys represent clients in intellectual property litigation in federal courts, including the Southern District of New York, one of the busiest IP dockets in the country. We handle patent infringement suits, trademark disputes, copyright claims, and trade secret cases from pre-trial strategy through trial and appeal.
Licensing & Monetization
IP that sits unlicensed generates no return. Our attorneys structure licensing agreements that generate revenue without surrendering ownership, including exclusive and non-exclusive licenses, technology transfer agreements, and royalty arrangements.
4. How to Choose an Intellectual Property Attorney
The attorney with the most filings is not necessarily the right fit. Industry knowledge, technical background, and a record of outcomes in actual disputes matter more than volume.
Experience & Credentials
Patent attorneys must hold a qualifying technical degree and pass the USPTO registration examination before practicing before the USPTO. For all IP matters, the relevant question is whether the attorney's background aligns with your technology and your market.
Industry Specialization
Software patents, pharmaceutical patents, and fashion trademarks each operate under different legal standards and competitive pressures. Our attorneys concentrate by industry and technology area so clients receive counsel tailored to how IP actually functions in their field.
Track Record & Results
Ask about outcomes in inter partes review proceedings, TTAB oppositions, and federal court cases, not just application counts. A strong IP attorney wins disputes, licenses rights on favorable terms, and builds portfolios that hold up when challenged.
5. The Cost of IP Legal Services
IP legal fees vary by service type, complexity, and whether the matter is transactional or adversarial. Understanding the billing model before work begins helps clients plan protection spending and weigh it against the real cost of going unprotected.
Flat-Fee Vs. Hourly Models
| Service | Typical Fee Model |
| Utility patent application | Flat fee per prosecution stage |
| Trademark registration | Flat fee per class of goods or services |
| Copyright registration | Flat fee |
| IP litigation | Hourly, or contingency for select enforcement matters |
| Portfolio management | Monthly retainer or hourly |
Utility patent application
- Typical Fee ModelFlat fee per prosecution stage
Trademark registration
- Typical Fee ModelFlat fee per class of goods or services
Copyright registration
- Typical Fee ModelFlat fee
IP litigation
- Typical Fee ModelHourly, or contingency for select enforcement matters
Portfolio management
- Typical Fee ModelMonthly retainer or hourly
Roi of IP Protection Investment
Without federal trademark registration, a rights holder cannot recover lost profits or attorney fees under the Lanham Act in an infringement action. Without patent protection, a competitor may legally copy a product on the day it launches. Proactive registration costs less than reactive litigation, and that gap widens once infringement is already underway.
6. Frequently Asked Questions
Does New York have its own intellectual property law separate from federal law?
For patents and copyrights, federal law governs exclusively. Trademarks have both federal coverage under the Lanham Act and state-level protection under New York General Business Law §360 et seq., including the anti-dilution provision at §360-l. Trade secrets in New York follow common law rather than a state statute, since New York has not enacted the Uniform Trade Secrets Act, making it an outlier among U.S. .tates.
How long does federal trademark registration take?
A standard trademark application takes approximately 8 to 14 months from filing to registration if no opposition arises. The USPTO publishes approved marks for 30 days, during which third parties may file a Notice of Opposition. An opposition triggers adversarial proceedings before the TTAB and extends the timeline.
When does IP enforcement require litigation?
Litigation becomes necessary when infringement continues after a cease-and-desist letter, when a third party challenges your rights in a USPTO proceeding, or when the damages from infringement are significant enough to warrant a federal court action.
03 Apr, 2026
